Article 70 — Defendant failing to appear

Where the plaintiff appears and the defendant does.not appear when the suit is called on for hearing: (a) if it is proved that the summons was duly served, the suit shall be heard ex-parte; (b) if it is not proved that the summons was duly served, the court shall direct a second summons to be served on the defendapt; (c) if it is proved that the summons was served on the'defendant but not in sufficient time to enable him to appear on the day fixed therein, the court may adjourn the hearing; (d) if it is proved that the summons was not served on the defe~ dant or anyone of several defendants through the plaintiff's negligence or default, th~ court may adjourn the hearing or order that the suit be struck out as against any defendant na served or, in cases of appeal, that the appeal be dismissed as against any respondent not served: Provideathat no order for the striking out of the suit or the dismissal of the appeal under sub-art. (d) shall be made where, although the summons has not been served on the defendant or respondent, the defendant or respondent appears in person or by agent or pleader wh~n the suit or appeal is called on for hearing.